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the BC

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  1. Hello, I'm a new member to wifcon but have been reading it on and off for several years. I couldn't decide whether to post my question as a new topic or tack it on to this thread as it is along the same subject matter. I hope I made the correct decision, if not please accept my apologies. My question relates to the Rule of 2 and the new exception to fair opportunity under FAR 16.505( b )(2)(i)(F), specifically as to whether you need a minimum of two small business multiple award IDIQ contract holders in order to set aside the task order for small business. It appears most people believe that the rule of two requires a minimum of two small business in order to set aside the order. I'm not necessarily convinced this is an accurate application of the rule of two. For example If you only have one small business IDIQ contract holder, can you exercise the discretion provided in 16.505( b )(2)(i)(F) and set aside the order? I think you might be able to, but would love some feedback. Based on my research I'm leaning towards the position that the "rule of two" applies to mandatory set asides, but not discretionary set asides, am I wrong? By definition FAR 19.502-2(a) or ( (aka the "rule of two"), is mandatory, not discretionary. If you have a reasonable expectation that two or more responsible small business concerns will respond, you must set aside the procurement. I don't see how this can be read to also mean that because FAR 16.505( b )(2)(i)(F) states "when setting aside orders for small business concerns, the specific small business program eligibility requirements identified in part 19 apply" that you must have at least two small businesses to set aside the order. This interpretation, I think, directly conflicts with FAR 19.502-2(a)&( as it would have to be read to be mandatory and yet discretionary at the same time. Any thoughts?
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